IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO
BEFORE HIS LORDSHIP: HON. JUSTICE E.D.E ISELE – PRESIDING JUDGE
DATE: 24TH JUNE, 2019 SUIT NO: NICN/KN/36/2017
BETWEEN:
UMAR IBRAHIM…………………….…………….………………………………………CLAIMANT
AND
AHMADU BELLO UNIVERSITY, ZARIA
THE VICE CHANCELLOR, AHMADU BELLO UNIVERSITY, ZARIA
THE GOVERNING COUNCIL, AHMADU BELLO UNIVERSITY, ZARIA
THE CHAIRMAN GOVERNING COUNCIL, AHMADU BELLO UNIVERSITY, ZARIA…………………………….….…………….………………………………RESPONDENTS
REPRESENTATIONS:
Claimant – Absent
Respondents – Present represented by the Deputy Registrar
Nabila Suleiman, Esq. holding brief of Kamaluddeen Umar, Esq. for the claimant,
O.Deyone Kudofoke, Esq. for the Respondent.
CONSENT JUDGEMENT
This suit was filed in this Honourable Court by a Compliant dated 30th July, 2017 and filed on the 31st July, 2017 where the claimant claimed against the respondent as follows:
A DECLARATION that the non-payment of the claimants promotional financial benefit for 96 months from 1st October, 2001 to 30th September, 2009 by the defendants is wrongful, unconstitutional, null and void.
DECLARATION that the placement of the claimant as principal executive officer “ (admin) on CONTISS 9/1 (N777,984 per annum) notionally with effect from 1st October, 2001 to 30th September, 2009 via the defendant’s letter dated 22nd August, 2012 despite the fact that the claimant has faithfully served the defendants and entitled to all the financial benefits from 1st October, 2001 to 31st December, 2009 is wrongful, ineffective, ultra vires, illegal, unconstitutional, null and void and of no effect whatsoever.
A DECLARATION that the notional promotion meted on the claimant by the defendants via their letter dated the 22nd day of August, 2012 which led to the wrong calculation and payment of the claimant’s gratuity where he was paid less of what he was entitled to was wrong ultra vires, illegal, unconstitutional, null and void.
A DECLARATION that the notional promotion meted on the claimant by the defendants via their letter dated the 22nd day of August, 2012 which led to the wrong calculation and payment of the claimant’s monthly pension less of what he is being entitled to monthly is wrong, ultra vires, illegal, unconstitutional, null and void and want of compliance with the laid down statutory procedures and the condition of service governing his appointment.
AN ORDER of this Honourable Court mandating the defendants to place the plaintiff appropriately financially from 1st October, 2001 to 31st December, 2009 from CONTISS 9/1 to CONTISS 9/9.
AN ORDER of this Honourable Court directing the defendants to pay the claimant appropriate gratuity due to him on his promotion to Principal Executive Officer II on CONTISS 9/1 as at 1st October, 2001 to CONTISS 9/9 as at 31st December, 2009.
AN ORDER of this Honourable Court directing the defendants to pay the claimant all his financial benefits/claims due to him from the 1st day of October, 2001 to 31st day of December, 2009 less the three months financial benefit paid him from 1st October, 2009 to 31st December, 2009.
AN ORDER of this Honourable Court mandating the defendants to pay and to continue to pay the claimant all his entitlements/arrears due on CONTISS 9/1 from 1st October, 2001 to CONTISS 9/9 as at 31st December, 2009 from 31st January, 2010 to date.
AN ORDER OF PERPETUAL INJUNCTION restraining the defendants from further tempering with the appropriate placement/financial benefits of the claimant.
The sum of N50,000,000 (Fifty Million Naira) as general or aggravated damages for the wrongful interference with the appropriate placement and financial benefits of the claimant and for the public embarrassment, humiliation, psychological and mental torture suffered by him as a result of the aforesaid.
The sum of N70,000,000 (Seventy Million Naira) as special damages against the all the defendants for maintaining the claimants poorly managed high blood pressure which the claimant has been managing since the year late 2012 as a result of the severe shock he went through because of the acts of the defendants.
The sum of N10,000,000 (Ten million Naira) as exemplary or general damages for the violation of the claimant’s constitutional rights of freedom from discrimination.
The sum of N2,000,000 (Two Million Naira) being the sum the claimant paid to his lawyers o prosecute this suit.
40% compound interest in the judgment sum from the date of the Judgment until the Judgment sum is liquidated.
On the 24th day of June, 2019 the matter came up for adoption of terms of settlement dated 21st day of June, 2019. The terms of settlement which have been adopted as consent Judgment of this Honourable Court as contained in paragraphs 1 – 6 of the terms of settlement. The terms of settlement which was duly executed by the counsel to both partis state as follows:
That the defendant shall pay the claimants the sum of N550596.85 (Five hundred and fifty Thousand Five Hundred and Ninety Six Naira Eight Five Kobo). Being the actual difference in employer’s contribution CONTISS 6 and 9/9 as the Claimant’s savings from October 2001 to 31st December, 2009.
That in addition to the above, the Defendants shall equally pay to the Claimant the sum of N200,000:00 (Two Hundred Thousand Naira) as cost of litigation and sum incurred by the Claimant’s Lawyer in prosecuting this action.
That this Agreement shall be entered as the Consent Judgment of this Honourable Court between the parties.
That the sum, shall be paid to the Claimant through his solicitors via their Union Bank Account (UK JABBA & CO. LTD with the Number 0085769969)
That should there be any failure from the defendants, the parties shall not be prevented from resorting to this Court for enforcement.
That immediately the defendants comply with Consent Judgment of this Honourable Court, they are free from and absolved from any liability in this matter.
Court:
The terms of settlement filed before this court between the parties on the 24th day of June, 2019 is hereby entered as the Consent Judgment of the court in the matter.
……………………………………..
Hon. Justice E.D.E Isele
Presiding Judge
